CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The United States FAA has issued AD 2009-13-03 affecting Boeing 747 series aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/B747/394, which will become effective on 6 July 2009.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to establish a comprehensive framework for ensuring the safety of civil aviation in Australia. In line with its policy objectives, the Act empowers the Governor-General to make regulations necessary for air navigation safety, with the Civil Aviation Safety Regulations 1998 further detailing the mechanisms by which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives. Such directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Act’s framework is designed to align with international standards, particularly those set by the Convention on International Civil Aviation, ensuring that Australia meets its obligations regarding the continuing airworthiness of aircraft registered within its territory. CASA, as the national airworthiness authority, is mandated to issue Australian airworthiness directives when necessary, in response to directives from the aircraft's State of Design, thereby maintaining safety standards consistent with international norms.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework under which airworthiness directives (ADs) are issued in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The application of these directives is geographically extensive, covering all aircraft registered in Australia, regardless of where they are designed or manufactured. The ADs are intended to ensure the safety of air navigation, a fundamental responsibility of the State of Registry, which, in Australia's case, is CASA. The legislative framework allows for the incorporation of foreign ADs, such as those issued by the United States Federal Aviation Administration (FAA), through assessment and subsequent issue of Australian ADs to mandate compliance with international standards. The process of issuing these directives does not require public consultation or a Regulatory Impact Statement, as they are deemed necessary to uphold Australia's obligations under the Convention on International Civil Aviation. This legislative approach ensures that the continuing airworthiness of aircraft is maintained in accordance with international safety standards, reflecting Australia's commitment to safe and reliable aviation practices.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for issuing airworthiness directives (ADs) under section 98 (1) and regulation 39.001. An AD is a legislative instrument that the Civil Aviation Safety Authority (CASA) may issue to mandate requirements for specific types of aircraft or aeronautical products, in order to maintain the continuing airworthiness of those aircraft. This is in line with the obligations of the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation, and the State of Registry's duty to ensure the continuing airworthiness of aircraft registered within its jurisdiction. For example, following the issuance of an AD by the United States Federal Aviation Administration (FAA) affecting Boeing 747 series aircraft, CASA has issued Australian AD/B747/394, which will become effective on 6 July 2009.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to assess ADs issued by the State of Design and to issue corresponding Australian ADs if necessary. This ensures that aircraft registered in Australia continue to meet international safety standards. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, and this process includes reviewing and implementing ADs from the State of Design. The AD issued by CASA must comply with the legislative requirements, including being a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Breaches of the requirements set out in an AD can result in severe consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD may face civil penalties, including fines. The maximum penalty for each offence is outlined in the Act and can be significant, reflecting the serious nature of non-compliance with airworthiness directives. Additionally, criminal penalties may apply for more serious breaches, potentially leading to imprisonment. It is imperative that all stakeholders, including aircraft operators and maintenance organisations, adhere strictly to the ADs to avoid these penalties and ensure the safety of air navigation.